Printing - FECA-PT2 - National Association of Letter Carriers

2-0802-1 Purpose and Scope
1. Purpose and Scope. When it is determined that the notice of injury or claim for compensation was
timely given or filed, the Claims Examiner (CE) must consider whether the injured or deceased individual
was a civil employee of the United States within the meaning of 5 U.S.C. 8101(1). This chapter contains
policies and procedures for making this determination.
2-0802-2 "Civil Employee" is Second Requirement Considered
2. Additional References. Further information may be obtained from the following sources:
a. FECA Program Memoranda (ProM), which discuss numerous groups of employees and
provide rationale for many decisions.
b. PM Chapter 2-1700, which addresses Peace Corps and VISTA Volunteers, Neighborhood
Youth Corps and Job Corps enrollees, law enforcement officers not employed by the United States,
and members of the D.C. Metropolitan Police Reserve Corps.
c. PM Part 4, which discusses non-Federal law enforcement officers, claimants under the War
Hazards Compensation Act and the War Claims Act, Civil Air Patrol volunteers, Reserve Officers'
Training Corps (ROTC) Cadets, various Federal relief workers, foreign nationals, and Panama Canal
Commission employees.
d. The FECA PM Index, which lists many groups of workers under the heading of "Employee."
Also consult the Index to the decisions of the Employees' Compensation Appeals Board (ECAB).
2-0802-3 Proof that the Employer is an Instrumentality of the U.S.
3. Proof that the Employer is an Instrumentality of the U.S. The CE must first determine whether the
reporting agency is a "branch of the Government of the United States" as that term is used in 5 U.S.C.
8101(1) of the FECA. Completion by the official superior of the report of injury is prima facie proof of the
status of the reporting office. The CE should examine the claim forms to identify the particular agency
reporting the injury.
The CE may decide this question affirmatively when the evidence clearly shows the reporting agency is a
component of the legislative, judicial, or executive branch of the Government of the United States. For
this purpose, the executive branch includes the Executive Office of the President, the executive
departments, the independent agencies and instrumentalities of the United States. The CE should refer to
the United States Government Organization Manual if the reporting agency is unfamiliar. The CE should
consult with a Senior CE or supervisor if not satisfied that the requirements have been met.
If further information is needed, the reporting office should be asked to clarify its status as a branch or
instrumentality of the United States by citing the statutory authority for its existence and providing a copy
of the pertinent statute. The agency should also be asked to state the source of its operating funds. The
issue should then be referred, with the supporting documents, to the Director for Federal Employees'
Compensation. Or, the agency may request a determination directly from the National Office.
FECA-PT2 Printed: 06/08/2010 147